THIS BLOG OPPOSES DRACONIAN LAWS & POLITICAL SCAPEGOATING BY SOME POLITICIANS! * THE PUNISHMENT IS THE CRIME * FOR A WORLD WITHOUT VIOLENCE * WHERE DOES THAT COME FROM? * A) DALAI LAMA: "LOVE, PEACE AND KINDNESS YOU CAN'T BREAK IT." * B) FREDERICK NIETZSCHE: "LOVE YOUR ENEMY." * THERE IS ALSO FORGIVENESS BUT YOU DON'T GET THE COMPLETE PROTECTION UNLESS YOU ACCEPT BOTH OF THE A & B CONDITIONS * & FOR THAT YOU MUST COME TO TERMS WITH C) FORGIVENESS * :-)

Monday, June 16, 2003

Justice Action calls for the retention of the office of Inspector General and a restructure of the legislation making it truly independent.

It must have the power to report directly to Parliament and not need to defer to either the Department of Corrective Services or the Ombudsman in pursuit of fairness.

The Review released on Tuesday, 10 June 2003 is biased, inaccurate, and misleading.

The terms of reference for the Review were, "to evaluate the Inspector-General's contribution to the operation of the State's correctional system." Instead of doing this, the Review is dedicated entirely to an evaluation of instances perceived by the Department as "adversarial". Despite acknowledging that, "monitoring organisations" by their nature, take a problem oriented approach", not a single mention was made of the many contributions made by the Inspector General.

As mentioned in our submission to the Review Panel, the people responsible for the Review are Mr. Vern Dalton & Mr. John Avery, former Commissioners in the prison and police bureaucracies, now advising whether there should be a watchdog on the prison bureaucracy. Mr. Dalton, a former colleague of Commissioner Ron Woodham, was also recently appointed to review the Parole Board after the tragic suicide of a young aboriginal man 3 weeks after he was due to be released.

The Review was part of the legislation establishing the office, and was to be completed "as soon as possible after 12 June 2002." The Review states that it was not until 11 February 2003 that then Minister for Corrective Services Richard Amery requested that the Review be undertaken. Conducted at the last possible opportunity, the Review suffers from inaccuracies and unprofessional presentation.

Obvious and provable inaccuracies include:

"We spoke with representatives of the Inmate Development Committees." Only one IDC is listed in the index of interviews. (p. 7)

"Opinions of the Official Visitors who we interviewed varied about the value of their tenuous connection to the Inspector-General. While two found it to be positive most found it irrelevant." (p. 16) Only four Official Visitors are listed as being interviewed. At the Annual Meeting of Official Visitors on 4 June 2003, they passed a motion supporting the retention of the office of Inspector General.

Statements and assertions made with no evidence or reference:

"Some submissions assert that existing agencies such as the Ombudsman cannot perform their complaints function adequately. This is simply not correct." (p. 8)

"Generally, the Ombudsman has the confidence of prisoners and external agencies." (p.9)

"If the seconded police officers act inappropriately, improperly or corruptly in the performance of their duties a referral must be made (by whom? -JA) to the Police Integrity Commission." (p.9)

"it appears that the Government intended" (p.10) Certainly the framework legislation for their task should not be in doubt as to intent.

"The Inspector-General is alleged to have been captured by malcontented officers" (p. 12)

"For some reason he is said to have obsessively pursued issues based on hearsay." (p. 12)

"Some assert that he frequently failed to test the veracity of information." (p. 12)

"A number of Governors claim" (p. 12)

"It is generally accepted that change imposed externally on organizations does not have a high success rate." (p. 15)

"it is expected that tensions between custodial staff and inmates will further reduce." (p. 15)

"Inmates have regard for the Ombudsman in dealing with complaints." (p. 20)

"the Ombudsman and the (ICAC) have far stronger legislative powers and advanced investigation skills and processes." (p. 20)

Conflicts of interest:

Most of the recommendations refer the watchdog role back to within the Department, and also directly under the control of the Commissioner, Mr. Ron Woodham. Mr. Woodham is, himself, the subject of an ICAC Inquiry which is a result of a report made by Mr. Lindsay Le Compte, Inspector General 1999-2003.

"The Commissioner for Corrective Services has statutory powers and responsibilities. The vigorous pursuit of these powers allows for issues to be dealt with by Departmental disciplinary processes for misconduct, criminal prosecution for illegal conduct or by administrative action and sanctions or mediation for minor matters." (p. 10)

"The Commissioner established the Directorate of Probity and Performance Management. It is that Directorate that is now interacting constructively with the Ombudsman, the ICAC and other agencies." (p. 14) This is also the same office from which the Review was conducted.

"We consider that the administration and coordination of Official Visitors should become the responsibility of the Strategic Operations Review Branch (Directorate of Probity and Performance Management). That Branch can review those reports after they have been seen by the Commissioner" (p. 16)

"We consider that the administration and coordination of Official Visitors should become the responsibility of the Strategic Operations Review Branch (Directorate of Probity and Performance Management). That Branch can review those reports after they have been seen by the Commissioner" (p. 16)

"Another Departmental initiative has been the Corrective Services Support Line" (p. 17) Presumably this means a direct line to the Department itself.

"the Commissioner of Corrective Services is prepared to introduce performance agreements for all positions of Superintendent and Deputy Superintendent" (p. 17)

"The Commissioner is prepared to appoint an external mediator to resolve concerns of executive staff regarding disciplinary action" (p. 17)

"The Commissioner is prepared to inform correctional officers that possession of tertiary qualifications will advantage them in aspiring to commissioned officer rank." (p. 18)

"In effect the Inspector General's role in promoting integrity and professionalism is being overtaken (by the Academy)" (p. 18)

The remaining responsibilities are recommended to be referred to the Ombudsman:

"Since 1974 the NSW Ombudsman has dealt with complaints by prisoners. That Office has been very active regarding complaints and other issues concerning the administration and the delivery of correctional services." (p. 9),

"The Ombudsman is totally independent." (p. 20)

Justice Action's experience has been that prisoners don't trust the Ombudsman. The Ombudsman's office deals with all complaints about any NSW Government office, and is not specifically skilled in the issues that arise in prison administration.

The office does not address specific complaints. In a recent letter from Ms. Jennifer Agius, Senior Investigation Officer, she states, "...the Ombudsman does not perform a role of reviewing individual cases where discretionary decisions are made by public authorities, such as Corrective Services." (11 March 2003)

In another case, we enquired about several prisoners at Junee Correctional Centre the only private prison we were informed that employees of Junee are not public servants and therefore do not have public accountability.

We were told to write to the Ombudsman's office for advice on what levels of accountability we can expect from the private prison. Having done so on 26 February 2003, we have not yet received a response or acknowledgement of receipt of the letter.

The office of the Ombudsman withdrew from the Prisoner Legal Service Community Committee due to lack of interest and preparedness to oversight their work.

There is a very serious attack happening on the office of the NSW Inspector General of Corrective Services. A secret and flawed review is taking place at this moment, and we call upon all individuals and organisations interested in the area to make their views known.

Four months after a report from the Inspector General on Mulawa Correctional Centre, key recommendations involving safety and welfare of prisoners and staff have been ignored. Kathryn Armstrong (former chair of Inmate Development Committee) and Annabel Walsh, released from Mulawa Womens Prison in February, have produced an independent report confirming the findings of the Inspector General.

Rene Rivkin: Beam me down Scottie! - We gotta get out of this space At best a prison is only a Space Station. Nothing more nothing less and it doesn't matter how much money or resources are spent on prisons they're only a candle light for human growth and survival, opposed to the sunshine and the benefit and resources of the whole community.

High Risk Management Unit (HRMU) INSPECTIONThis letter is to request permission for an independent inspection team to examine the 75-cell HRMU at Goulburn Jail. The proposed inspection team consists of specialist doctors, jurists, members of the Corrections Health Service Consumer Council and prisoners representatives.

MJA - BBCD Outbreaks in NSW prisonsSeems some of our friends in & around Corrections Health Service (CHS) were able to take advantage of a couple of recognised cases of needle sharing by HIV positive prisoners to gather data for a study.

IntractablesAs an ex-Grafton intractable (1971-1975) and the only living ex-prisoner to have served the longest time inside Katingal (1975-1978) I feel qualified to offer the following personal observations:

The Criminal Law (Rehabilitation of Offenders) Act 1986 QldThe Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld), requires that any person who has committed an offence which is less than 10 years old or which resulted in a prison sentence of more than 30 months, must disclose that offence if requested eg. for employment purposes. If a criminal record is disclosed in a job application, it is unlikely that person will be given the job.

NSW Serious Offenders Review CouncilIn response to a letter we have received from Mr K C who has said that he is serving 24 years and 10 months commencing on 29/8/1991 with his earliest release date being 28/6/2016 with 4 years parole and full time 28/6/2020. He said that he contacted the Serious Offenders Review Council in writing but received no response.

Sentencing innovation breaks vicious circle of jail terms"Three months' jail for one punch in a pub fight is too much," said the victim. The victim's comment counted because he and the offender, Robert Bolt, a Nowra Aborigine, were making history in the first case of circle sentencing, a new way of deciding punishment for indigenous offenders.

Letter from the mother of a prisoner on remand at the High Risk Management Unit Goulburn Correctional Centre I am writing to give you permission to make any inquiries on my behalf as I am invalid pensioner who doesn't drive and been only well enough to travel by train once in 15 months to see my son Scott Simpson. I have enclosed a copy of Scott's letter and also a copy of gaol papers form I have to fill out and wait to see if I'm allowed in to see him. He doesn't get any visits. He is in the Supermax and deprived of any privileges not even legal Aid will fund a solicitor to see him in Goulburn.

WA Jail trade in 'sex for favours'THE West Australian Government has ordered an inquiry into claims guards at Perth's main women's prison are trading favours for sex, and encouraging inmates to form lesbian relationships.

Beyond Bars Alliance colleaguesThere are certainly problems with the IG's terms of reference and the position is not nearly as strong as it should or could be but it should not be lost it should be strengthened (along the lines of the UK IG of Prisons) to provide an independent voice to the Parliament regarding activities and processes that otherwise happen behind prison walls.

Submissions for Review of Inspector GeneralThere is a very serious attack happening on the office of the NSW Inspector General of Corrective Services. A secret and flawed review is taking place at this moment, and we call upon all individuals and organisations interested in the area to make their views known.

Australia: Private Prisons, Junee NSWWhen I got to Junee I was given nothing except bed linen. That's it! No clothing. I had to put my name down for clothing, which they said I could get on Saturday. When I went down to get my clothing on Saturday I was told they had nothing but I was told that I could buy what I wanted on their monthly buy-up. In the mean time I got rashes between my legs from the dirty clothes I had on.

ARUNTA PHONE SYSTEM: IDC Lithgow PrisonThe prisoners of Lithgow Correctional Centre have requested that the Lithgow Inmate Development Committee write to you on their behalf and ask that the phone systems heavy burden upon the prisoners at this institution and their families be reviewed. I will outline the problems.

Health problems denied in prisonLithgow Correctional Centre (IDC) Inmate Development Committee "Currently there are 72 inmates on the doctors waiting list with only one doctor coming fortnightly and usually on a weekend".

NSW Prisons Inmate Development Committee speaks outI am writing on behalf of the IDC Inmate Development Committee in area 3, MSPC at Long Bay. Area 3 is where, the Department is congregating minimum-security offenders within maximum-security walls whilst awaiting mandatory programs at Cubit (Sex Offenders Program).

Sir David Longland Correctional CentreIf it were possible to characterize the term B Block attitude in a modern dictionary, it would read something like "demeanor of inhabitance" or "state of mind or behaviour of occupants".

SIR DAVID LONGLAND CORRECTIONAL CENTRE QLD - CELLS IN B BLOCK The cells in B Block are like no other in any Queensland prison. After Mr. Cooper was severally embarrassed by the Abbott and Co escape on 4th November 1997, he visited B Block and the surrounding grounds. It was that visit, by Cooper, that set in motion a plan (up the ante) to make sure security in B Block would never embarrass him again. It was like closing the gate after the horse has bolted.

Inspector General Ignored On Womens PrisonFour months after a report from the Inspector General on Mulawa Correctional Centre, key recommendations involving safety and welfare of prisoners and staff have been ignored. Kathryn Armstrong (former chair of Inmate Development Committee) and Annabel Walsh, released from Mulawa Womens Prison in February, have produced an independent report confirming the findings of the Inspector General.

Distribution of: 'How to Votes in prisons'?Justice Action have received information from Andrew Burke of the NSW Greens that they have enquired with the Department of Corrective Services as to the procedure for distributing their How To Votes in prisons in the period before the election.

Getting Justice Wrong DPP make full admissionsBack in May 2001 Nicholas Cowdery QC made an error at law by giving a speech called Getting Justice Wrong at the University of New England, Armidale Thursday, 31 May 2001. Sir Frank Kitto, Lecture now published at the DPP website. At page six, paragraph 3 under the heading:

NSW ELECTION 2003: VOTE 1 GREENSInspector-General: The Greens believe that the role of the Inspector-General is crucial to the proper functioning of the prison system. It has never been more important to have a powerful watchdog role than today. Section 3.11 of our Criminal Justice Policy commits the Greens to "strengthening the role of the Inspector-General of Prisons."

Doing time even harder: 146 prisoners far from homeThe United States, however, has detained without trial about 650 men from 43 countries. They include Australians David Hicks and Mamdouh Habib, who are held at the Guantanamo Bay naval base as part of the sweep against global terrorism [scapegoats for the Coalition of the Killing's, pre-emptive strikes, occupation and genocide for resources in the Middle East.]

Human Rights 'Framed'Here is a quick report on our Human Rights Commission approach on Framed (the quarterly magazine of Justice Action) being banned from all NSW prisons. After 42 issues went in.

Prison Privatisation: Death camps looming in NSWI asked for the identification of the person I was speaking to and was told that I was not entitled to that information. I needed to verify the call and asked for a name or number to register my call because I was asked to get those details by my coordinator.The person refused to identify themselves either by name or number. I asked to be transferred to a senior person and was refused. The person I spoke to then hung up the phone.

Justice Action criticises Govt's victim voice policyVictims are not being properly considered in compensation and no expression is given to them, of community goodwill. A spokesperson for Justice Action Mr Brett Collins said, "No community expression or concern is given to the victims of crime. They feel their pain is not acknowledged by the government which tries to balance pain against pain. Never! The community is being misled."

Death camps looming in VictoriaA letter was received on 15 January 03 from SCS-4\320 a remand prisoner in Victoria's Barwon Prison I later found out that the prisoner was in the Acacia High Security Unit.

Jail search finds knives, syringesMr Brett Collins a spokesperson for Justice Action said, "It shows there is a lot of desperation in the prison system at the moment and has been for some time."

Take crime talk beyond the bars:'lobby group'A coalition of academics, crime experts, welfare and church groups is preparing to launch an intensive pre-election campaign aimed at refocusing the attention of NSW politicians from harsh sentencing reforms to crime prevention strategies.

Fiona Stanley, the children's crusaderIt is all about prevention. As Fiona Stanley sees it, with one in five Australian teenagers experiencing significant mental health problems, there are just not enough treatment services to cope with the demand.

APPOINTMENT OF KLOK IS: 'DECLARATION OF WAR'The decision of the Carr government to appoint John Jacob Klok as the new Assistant Commissioner for Corrective Services in charge of security represents a statement of contempt to all those concerned about law and justice in NSW.

Prisoners Representatives ExcommunicatedRon Woodham, Commissioner Corrective Services stated "[this Department] does not recognise Justice Action as an advocate on correctional centre issues." He has ordered a ban on all Justice Action material inside the NSW prison system. This resulted from a request for the approval of the latest edition of Framed (the Magazine of Justice Action) to be distributed throughout NSW prisons as has occurred for the past ten years.

Dept of Corrective Services: Rotten Ron Woodham on the ropesThis is The Freeedom Of Speech and The Press in a goldfish-bowl! Herr Goebells has spoken. Zieg Heil! (Which means, actually: "aim-for health!" incidentally)Apologies for not making meetings ... my first experiences with Woodham (then a -screw-gestapo-minor-with-a-friendly-dog - AND YOU KNOW WHAT IT MEANS WHEN EVEN HIS DOG DOESN`T LIKE HIM?)

At the Minister's Pleasure The case of Michael KellyMichael is caught up in a particularly cruel version of the game of Cat and Mouse. Because he is classified as a forensic patient under the Mental Heath Act of NSW, the Minister for Health is his master, not the Minister for Corrective Services. And the Minister for health will not let him go.

EX-PRISONER UNEMPLOYMENT: SENTENCED FOR LIFEName removed by request served time in prison decades ago. Shes still being punished today. According to commonwealth and state legislation, ex-prisoners applying for jobs must declare any conviction that fits into the following categories: less than 10 years old, more than 10 years old but served more than 30 months in prison.

ARE YOU INNOCENT?The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.

RESTORING TRUE JUSTICE:Australian prisons are fast becoming the new asylums of the third millennium. The prison industry is booming, while Australia spends far less on mental health services than similar countries.

NSW Department of Corrective Services attack right to privacyCorrective Services Minister Richard Amery has a problem attacking prisoners right to privacy.It seems to us that a civil society is best served when social justice laws are applied to all people regardless of their circumstances. Once government starts making exceptions which disadvantage certain groups and individuals, such laws are meaningless.

Litigants are drowning: in the High CourtThere were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.

Everyone wants to get out of 'jail' but 'Framed' wants life: Rotten Ron on the ropes On 2 May 2002, Justice Action received a faxed letter from Manager of DCS Operations Support Branch saying that, in his view, articles in Framed edition #42 'lack balance and integrity' and he is therefore 'not prepared to recommend this issue of Framed for placement in to correctional centre libraries.' Prisoners and those concerned about prisoner issues have very few sources of information.

Medical Records: Alex Mitchell's lost worldPerhaps we can get your medical report and spew it around publicly so you can see how it feels. But surely we do not have to go that far. And of course we are law-abiding citizens and I should think it would be enough to remind you of your ethics to report at all.

Prisoners can prove innocence for $20?Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

NSW opposition pledges review of detention lawsA spokesperson for Justice Action Ms Anal Advice said " NSW Prisons are a sex offence if you have been raped, bashed and squatted down to be strip searched. People should be diverted from going there at all material times".

The punishment: Is the 'crime'The punishment is the crime according to retired chief Justice of the Family Court of Australia Justice Alistair Nicholson. "Smacking a child ought to be seen as assault".

Mr. & Mrs. Mandatory SentencingWell congratulations to the bride and groom. Could you please be upstanding and raise your glasses for Mr. And Mrs. Mandatory.

Just wipe your arse on Ivan again Minister?Mr Amery Minister for Corrective services has a problem with finding a toilet roll to wipe his bottom. Justice Action is appalled at the attacks by Amery and others in parliament on Ivan Milat's right to privacy and their attacks on the Privacy Commissioner and his office.

NSW Parliament Bitter Pills To Swallow?One delusion pill: So people who investigate their own mistakes make sure there was no mistake or someone else made the mistake. Perhaps you're not biased and you will be honest about it.

NSW prisons - primary industry bailed up!In many quiet regional centres around NSW there is a new primary industry shaping up. It has something to do with Bail but not with bales. The minister for Agriculture Richard Amery who also has the prisons portfolio is now committed to farming prisoners.

Black NexusThe Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Prison Mind Games-Do they exist?Directives are given inside the prison system that are not consistent with the law in NSW. And not in the good interests of the health and well being of the prisoners.

Chronology - A History of Australian Prisons[Allegedly:] The events that have shaped NSW prisons - from convict days through royal commissions, to the Supermax of today. [I say allegedly because no one should trust Four Corners [Walls], why? Because they spill out the propaganda of the day for the Government, whether it be wrong or right. A government that lies and has no remorse about it.]